Perez
(PC) Phelps v. Perez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 PAUL PHELPS, No. 1:22-cv-01406-ADA-SAB (PC) Plaintiff, ORDER REGARDING STATEMENT OF
DEATH AND VACATING SETTLEMENT
v. CONFERENCE SCHEDULED FOR
NOVEMBER 9, 2023, BEFORE
MANUEL PEREZ, et al., MAGISTRATE JUDGE BARBARA A. McAULLIFE Defendants. (ECF Nos. 22, 27)
17 Plaintiff Paul Phelps is proceeding pro se and in forma pauperis in this civil rights action 18 filed pursuant to 42 U.S.C. § 1983. On September 26, 2023, Defendants’ attorney filed a notice of 19 Plaintiff’s death on the record. (ECF No. 27.) 20 Rule 25(a)(1) provides: 21 If a party dies and the claim is not extinguished, the court may order substitution of the 22 proper party. A motion for substation may be made by any part or by the decedent’s successor or representative. If the motion is not made within 90 days after service of a statement noting the death, the action by or against the decent must be dismissed. 24 In order for the ninety-day period for substitution…